RS 40:2009.10.1

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RS 40:2009.10.1

§2009.10.1. Immediate jeopardy violations in a licensed nursing home

A. Except as otherwise provided in Subsection C of this Section, if the Louisiana Department of Health identifies an immediate jeopardy violation during the course and scope of a survey of a licensed nursing home, the department shall notify the administrator or his designee of such violation and make available an opportunity to speak via telephone with a department supervisor prior to the surveyor's exiting the facility if the survey is conducted during regular working hours. If the survey is conducted during a time not considered regular working hours, the administrator shall have the opportunity to speak with a department supervisor during the next business morning.

B. If an immediate jeopardy violation is noted, the department shall present the administrator or his designee with a warning that immediate action is required to remedy the violation and preserve appeal rights as significant fines may be imposed by the Centers for Medicare and Medicaid Services. The warning notice shall be clear and in writing in a standard form developed by the department that includes an explanation of the basis for the citation.

C. If the department identifies an immediate jeopardy violation after the department surveyors have exited the licensed nursing home, the department shall notify the administrator or his designee of such violation by telephone, shall forward the notice described in Subsection B of this Section to the administrator or his designee via electronic or facsimile transmission, and shall provide an opportunity to speak via telephone with a department supervisor during the next business morning after such notification. Such notification shall be provided to the nursing home on an expedited basis.

Acts 2016, No. 385, §1.